Monday, June 13, 2011

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  • go_guy123
    04-15 10:01 AM
    What were you doing for six months and you also co-operated with your employer. Along with your employer you should be thrown into jail. Because of you people only every one is in trouble. Yes, the DOL will and should take action against you also. By the way are you an anti-immigrant.

    You have created six threads with the same question and getting the same answer. Please use your brain.

    snathan, I also agree. This post doesn't sound genuine





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  • mmaxima
    08-21 04:24 PM
    From http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25

    "The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."


    That's provided that India gets 7%. ROW is in retrogression as well. The visa number is divided among all country. 7% rule only apply when visa number is abundant otherwise it's shared.





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  • poorslumdog
    08-23 09:08 PM
    I am working as an industrial engineer since 2006. My labor certification approved in 2006 mentioned job title of industrial engineer (SOC Code- 17:2112), My I485 is pending since 2007, I have also kept H1B status alive, six years will expire in dec however current I-797 for H1B is valid till June 2011.

    I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.

    1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
    Thanking you in anticipation.

    Before someone gives you answer...can you answer this. Why someone should help you or provide any answer to you. In the last two years your post count is 5. So never participated in any drive, help fund raise....first IV need to get ride of selfish &*^%& like you. I wish and request others not to answer you...





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  • gchandu
    04-13 08:31 AM
    Hi dammu

    Dont expect a success story with DOL for every complaint. If you are genuinly working in US per labour skill set with your h1 filed petetioner then you can expect something from DOL when you make a complaint. On the other side, if you have not been working for 6 months there is no point in you making any complaints...check with your employer and by now your employer should ask you to leave to your home country per law....

    Thanks
    Chandu

    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?



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  • indio0617
    12-31 07:52 AM
    Guys ,
    Is there anyone know whether H1 increasing issue will be introduced again in Congress or not ?


    YES. I believe that will certainly be re-introduced as one of the measures in 2006





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  • texcan
    02-21 12:03 AM
    How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
    -a

    Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
    I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
    USCIS rules are such a mess.....god help us all.

    on lighter note...
    One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
    issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....

    both get GC...
    relax and live hapily....

    Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
    a good friend said donot worry ...something will take care of it...
    needless to say he was right...(economy did take care of issue for me...).



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  • gsc999
    06-29 11:12 AM
    My friend

    What else we lose if we stand up the plate to express some legitimate concerns?

    Most of the members of this forum (and so many more) have already lost the prime time of their lives because we just followed the path of playing by rules.

    Unless some compelling personal reasons, i do not see any thing wrong to raise the voice
    ---
    satyasaich,

    I am sorry for the misunderstanding. It seems my attempt at sarcasm didn't work.

    CIR is not amnesty. It is a solution to a problem. People who label CIR as "amnesty" are narrowly viewing the legal definition rather than taking the broader view of trying to solve the problem of immigration. The issue here is not what is the legal definition of amnesty but a comprehensive solution to immigration.





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  • gc67890
    11-16 10:19 PM
    IV gurus Please help.

    My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
    Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.

    Is it true if a company laid of people it should wait 6 month before it files for labor again?
    Is there a way to avoid the waiting period.

    My friend is in 5 th year of his H1B

    Thanks



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  • lostinbeta
    10-03 01:49 PM
    <FONT FACE="Verdana" STYLE="font-size: 10px">Very Evil:evil:</FONT>
    <div style="width: 300; font-size: 10px; font-family: Verdana; color: #9E9E9E; Filter: FlipV">Very Evil:evil:</div>





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  • lazycis
    12-10 11:22 AM
    One can apply for EAD renewal before or after the current EAD expires. If you do not need a new EAD to continue working, there is no need to apply for a renewal well in advance. It won't raise any flags if you apply after current EAD expires. I did it without any issues. But because the new EAD will be valid for one year from the date a current EAD expires, there are no benefits in waiting either.



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  • GCBy3000
    03-31 10:13 AM
    You can take any number of salary hike but not different job duties than specified in the labor. No need to inform the labaor department. Because as per law you cannot have different job duties until you get your gc and max one year beyond that.

    I am also stuck in the same boat. Infact, I got promoted with 16k hike and demoted in two months. My attorney got a apology letter signed by my VP for attorney records. It is that serious to change job duties.





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  • joydiptac
    05-14 05:02 PM
    Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?

    Now the question is does it automatically lead to audit?

    In the present job scenario. I am sure quite a few Com Sc MS people are without a job. So having no skill specially required for this position may not make the cut easily.
    FWIW



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  • milind70
    11-06 08:37 AM
    Though this may be off topic, it is related to travel and NIV.

    I booked tickets for my inlaws travelling on a tourist visa in Jet Airways - Chennai to JFK with layover in Brussels.

    Now, when I ask people everyone say they travel by Lufthansa, Air India, Emirates etc... but I have not found anyone who has travelled by Jet Airways.

    Just wanted to know if anyone has travelled via Jet Airways and their experience at the Brussels Airport, if it was smooth. My Inlaws do not speak English and this is the first time they are travelling.

    Thanks

    I believe you are in New York. Next time try the direct flight from Mumbai to Newark. I heard thats the best my friend just tried it and he was going gaga about it. I am sure your inlaws can manage Chennai to Mumbai. What are the chances u can find someone who can speak Tamil ,Telgu in Mumbai than in Brussles or any other stopoever in Europe. :-)





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  • pappu
    01-29 06:50 PM
    rumour say retrogression may lift on march 2009, is it true????

    Is that your new year wish? :)

    I do not see any possibility unless some miracle happens.



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  • madhu345
    07-27 09:06 AM
    I don't think its required to work 100% while you an EAD, most of us apply EAD for spouses along with us, but how many are going to start work?





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  • a_yaja
    07-20 10:47 AM
    I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

    1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

    2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

    3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

    Any suggestions from the community out there?

    Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?

    One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.

    While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.

    Best to ask your lawyer.



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  • Hermione
    09-25 12:52 PM
    EAD is one of the documents that is listed in I-9 as the document that confirms both identity and right to work. You spouse can apply for SSN as soon as she has her EAD in hand. S/he may start working before SSN is issued if she applied for the SSN.





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  • Apollon
    06-29 06:53 PM
    I've heard 2 contradicting opinions on this matter, so trying to get to the truth.
    My PERM case is about to be filed, let's assume for argument sake the job description
    requires Bachelors degree + 5 years of experience.
    I have B. Sc. degree, the requirements completed in April 2004.
    I've been with the current sponsor, who is applying for my PERM labor case for 15 months,
    and without those 15 months I don't have 5 years post graduation experience, required to qualify for EB2 track ( I do have close to 10 years of experience in the field, since I worked during college and even before that, but I was told only post graduation experience counts)
    If counting these 15 months with my current H1 sponsor I do have over 5 years of post graduation experience.
    Two opinions I've heard:
    1. You can only use the current sponsor experience, if the position, you're getting the PERM certification for is at least 50% different in it's job duties from the experience, prior to joining this sponsor.
    2. There is no restriction - current sponsor experience counts for EB2 post grad. 5 years.

    I'm not interested in opinions or speculations please - only what the law says. If anyone has that information - response is greatly appreciated - my PERM case is about to be filed and I don't my application to get rejected down the road because of not satisfying the EB2 track requirements.





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  • saibaba
    12-04 12:01 PM
    One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.

    He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.

    He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.

    Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?

    I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.

    Looks like he can get paid by the new employer by 1099, is that correct?.
    Also I�m skeptical about using EAD while keeping your H1 with original employer.

    I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?

    Has anybody done this? If so can I know what are the pros and cons?

    If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.

    Can someone pls share your knowledge?

    Thanks





    zerozerozeven
    07-24 09:19 AM
    I got my H1B visa inside the US and when I went to the consulate, the lady refused to stamp my visa. I had to go to the passport office and get an "observation" that my name should be read as
    First Name : "FirstName"
    Last Name : "LastName"





    InTheMoment
    07-23 10:16 AM
    What I have heard from others having the same issue is that they would put your given name as the last name (as it is the index in their db) and put the "FNU" (First Name Unknown) under the first name. I know, this is ridiculous as you have a first name ! Hope they have something like a "LNU" as well

    You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)

    This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.



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